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Themes

Themes. People Processes Organisation Resources Outcome. People. Examiners making AG decisions have a statutory link to the Office Officials or temporary agents Multilingual (at least two and generally more) Seconded national experts. Processes. Examination Opposition Cancellation.

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Themes

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Presentation Transcript

  1. Themes • People • Processes • Organisation • Resources • Outcome

  2. People • Examiners making AG decisions have a statutory link to the Office • Officials or temporary agents • Multilingual (at least two and generally more) • Seconded national experts

  3. Processes • Examination • Opposition • Cancellation

  4. Process I • Automatic allocation of files to services • Numbers and language • Language check (100 involved) • Screening/ one file one examiner

  5. Process II • Referral to more experienced examiners or legal advisers before decision • Legal advisers meeting • “Reserved” cases • Public order and morality • Three dimensional marks

  6. Organisation I

  7. Organisation II • Each of the eight services has a head of service and a legal adviser and a staff of about 25 (total about 190) • One service deals with cancellation with a total of about 30 staff and some assistance from elsewhere

  8. Resources I • Training • Compulsory • Optional • Coaching (mentoring) • Reference material • Guidelines • Specialist publications • Online resources • Internet search engines

  9. Resources II • Databases • Decisions • Legal Adviser Meeting minutes • Consultations (in preparation) • Expert advice • Legal advisers • DIPP

  10. Opposition I • Processes • Admissibility • Case management • Decision making (25% of cases)

  11. Opposition II • People • Examiners are the same as those examining for absolute grounds • Organisation • Files allocated to all groups • Decisions written by one examiner but signed by three

  12. Opposition III • Resources • Broadly the same as for other activities • Decisions are based on evidence and argument of the parties

  13. Cancellation • Examiners are generally more experienced and given specific training

  14. 100 97 95 95 95 2.69%* Doubles 1,65%* No payment&Refusal Filing date&payment 0.36%* Refusals Classification 0.09%* Refusals Formalities 3.26%* Refusals Absolute Grounds 3.14%* Withdrawal before Pub Publication Part A 89 1.79%* withdrawal Opposition 17 0.47%* CTMA refusal 7.00%* still pending in opposition/appeal 80 Registration 1.38%* Withdrawal after Pub 3.77%* Deemed Withdrawn *Avg 2003/2004 figures Registered 75

  15. OHIM Contact Information:  (+ 34) 965 139 100  (+ 34) 965 131 344  information@oami.europa.eu  Office for Harmonization in the Internal Market (Trade Marks and Designs) Avenida de Europa, 4 E-03008 Alicante SPAIN

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